Lee v. Cherry
Tennessee Supreme Court
Appeal from Chancery Court of Shelby County. W. W. McDowell, Oh. Bill for the specific performance of a contract for sale of land. Defense: That the contract was void under the statute of frauds for want of a sufficient “agreement” or “memorandum or note thereof” in writing. Decree for defendant. Appeal by complainant.
1Opinion of the Court
Lürton, J.
This is a bill for the specific performance of a contract for the sale of a lot in the city of Memphis. The only question necessary to consider is as to whether the sale is sufficiently evidenced by a writing to take it without the statute of frauds.
It is not essential that the contract of sale shall be in writing, provided there is produced a Writing containing the terms of the oral contract, and authenticated by the signature of the party to be charged. The language of the fourth section of the statute is: “ Unless the agreement upon which such action shall be brought, or some…
2Cases cited1 opinion
- Pendergrass v. JacksonCourt of Appeals of Kentucky · 1801
3Cited by27 opinions
- Fraser v. JarrettSupreme Court of Georgia · 1922
- Lambert v. Home Federal Savings and Loan Assoc.Tennessee Supreme Court · 1972
- F. & W. Grand Five-Ten-Twenty-Five Cent Stores Inc. v. EisemanSupreme Court of Georgia · 1925
- White Motor Corp. v. Nashville White Trucks, Inc. (In Re Nashville White Trucks, Inc.)United States Bankruptcy Court, M.D. Tennessee · 1980
- Cobble v. LangfordTennessee Supreme Court · 1950
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